IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29830 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== 1. Suresh Bhagat Son of Late Laxmi Bhagat Village- khadtari PS- Chiraiya Dist- East champaran 2. Vishal Kumar Son of Suresh Bhagat Village- khadtari PS- Chiraiya Dist- East champaran 3. Ravishankar Kumar @ Ravi Shankar Kumar Son of Suresh Bhagat Village- khadtari PS- Chiraiya Dist- East champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Ranjan, Adv. For the Opposite Party/s : Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 12-05-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Chiraiya P.S. Case No. 115 of 2025 instituted for the offences under Sections 30(a), 41(i) and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per prosecution case, the police has recovered total 406 liters of illicit foreign liquor of different brands and 54 liters of illicit Nepali liquor from the house, garage of the petitioners and motorcycle bearing Regd. No. BR05AZ7441. 4. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.29830 of 2025(3) dt.12-05-2025 2/3 the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. He further submits that the house from where the illicit liquor was recovered is a joint house. The petitioners have no concern with the alleged recovered articles. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner no.1 has one criminal antecedent whereas petitioner nos. 2 & 3 have no criminal antecedent and are languishing in judicial custody since 16.03.2025 without any rhymes or reason. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners and the petitioners having no criminal antecedent, Patna High Court CR. MISC. No.29830 of 2025(3) dt.12-05-2025 3/3 let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chiraiya P.S. Case No. 115 of 2025. rishi/- (Rudra Prakash Mishra, J) U T